Title IX

• Athletic Opportunities and Benefits
• Pregnant or Parenting Students
• Single-Sex Classes and Schools
• STEM

Students, parents or guardians, and other non-employees who witness suspected sexual harassment are encouraged to report it immediately to a teacher or building administrator to assist the District’s sexual harassment prevention efforts.

When a District employee receives a report of alleged sexual harassment from any source, the District is deemed to have actual notice of the allegation. All District employees must notify the Title IX Coordinator of any reports of alleged sexual harassment they receive immediately when practical and not later than 24 hours following receipt of a report. All relevant information the District employee receives (names, dates, locations, and details) must be provided to the Title IX Coordinator. Such information can be provided to the Title IX Coordinator in person, by mail, via phone, or email, using the Title IX Coordinator’s contact information and can be made 24 hours a day, seven (7) days a week via voicemail or email. When practicable, the details of the report to the Title IX Coordinator shall also be provided to the building principal.

Some conduct qualifying as sexual harassment (particularly conduct involving physical or sexual violence) may also qualify as child abuse or neglect, even when another child may be responsible for the abuse. Before undertaking their responsibilities, an employee must determine whether observed or alleged conduct gives rise to reasonable cause to believe that child abuse or neglect has occurred or is occurring, triggering the employee’s mandatory reporting obligation under state law and District Policy AC-R1 - REPORTING DISCRIMINATION / DISTRICT RESPONSE TO DISCRIMINATION COMPLAINTS.  If at any point during the grievance process, an employee determine they have cause to believe child abuse or neglect has occurred or is occurring, the employee must immediately take steps necessary to satisfy the employee’s mandatory reporting obligations.

A document filed by a complainant or signed by the Title IX/Non-Discrimination Coordinator alleging sexual harassment by a respondent and requesting that the District investigate the allegation. 

In order to participate in the resolution process, a reporting party must submit a formal complaint.  Once a formal complaint has been submitted, the Title IX/Non-Discrimination Coordinator (or designee) will reach out to the reporting party to gather additional information and determine if the District has jurisdiction over the formal complaint.  The formal complaint must meet the following criteria in order to move onto the resolution process:

The allegation(s) meet the definition of sexual harassment as defined by District Regulation AC-R-1.

At the time of filing the formal complaint, the complainant is participating in or attempting to participate in the District’s educational program or activity.

The alleged conduct took place within the United States.

The District exercises control over the Respondent.

If the formal complaint does not meet the four criteria above, then the District may pursue the complaint under a different policy other than District Regulation AC-R-1.

Reporting to Federal or State Agency

In addition to, or as an alternative to, filing a discrimination/harassment complaint, a person may file a complaint with the U.S. Department of Education, Office for Civil Rights, or the Colorado Civil Rights Division at the addresses below:

Office for Civil Rights-Denver Office 
U.S. Department of Education Federal Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: 303-844-5695
TDD: 303-844-3417
Fax: 303-844-4203
Email: OCR_Denver@ed.gov

Colorado Civil Rights Division
1560 Broadway, Suite 1050
Denver, CO 80202
Telephone: 303-894-2997 or 1-800-262-4845
Fax: 303-894-7830
TDD: 720-432-4294
Email: DORA_CCRDIntake@state.co.us

Following the filing of a complaint, there are two available options for resolution: 1) an informal resolution, which involves a variety of informal options for addressing complaints; and, 2) the grievance process, which involves an investigation, report, and potential sanctions.

Informal Resolution: If both parties agree and the Title IX Coordinator deems it appropriate, an informal resolution process, which does not involve an investigation and may involve mediation or other restorative justice models, may be instituted. The parties’ agreement must be voluntary, non-coerced, and documented in writing. At any time prior to engaging in an informal resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint. Informal resolution is not available in cases where a District employee is alleged to have sexually harassed a student. An informal resolution may result in disciplinary sanctions appropriate for the misconduct which shall be imposed in accordance with applicable law and District Policy, including but not limited to a warning, restorative justice, and alternatives to suspension or expulsion.

Grievance Process: The grievance process is used to investigate and adjudicate formal complaints of sexual harassment as defined by Policy AC-R1 and Title IX in order to determine whether the policy has been violated. The process also determines the steps the District must take to address and correct a violation, which may include the imposition of disciplinary sanctions. Potential sanctions include a warning, restorative justice, alternatives to suspension or expulsion, suspension, expulsion, or termination. The grievance process is internal to the District and is not conducted by, or in concert with, law enforcement. The process determines whether District policy has been violated and not whether criminal law has been violated.

Once a formal complaint of sexual harassment is filed, the assigned investigator will send a written notice of the formal complaint to both parties. This notice includes process information, details regarding the allegation(s), and rights and responsibilities of the parties.

Phase 1: Notification of Formal Complaint

Following the filing of a formal complaint of sexual harassment as defined by Policy AC-R1, the assigned investigator sends a written notice of the formal complaint to both parties. This notice includes process information, details regarding the allegation(s), and rights and responsibilities of the parties.

Phase 2: Investigation

The investigator conducts party and witness interviews and gathers evidence related to the allegation(s). Such information may include documents, video and audio recordings, and electronic materials (texts, social media posts, emails, phone logs, etc.). During this phase of the process, the parties have the opportunity to provide information, evidence, and the names of witnesses to the investigator.

Phase 3: Evidence Review

At the end of the investigation, the parties are provided with all evidence directly related to the allegation(s). The parties have ten (10) work days to review and respond to the information. Any evidence that is not directly related to the investigation is not to be included in the investigation report; however, the investigator must document as to why the evidence is not directly related to the investigation.

Phase 4: Investigation Report

After the parties review and respond to the evidence, the investigator writes the investigation report. This report contains a summary of all relevant evidence gathered during the course of the investigation. Please note that relevant evidence is different than evidence directly related to the allegation(s). If the investigator does not deem all the evidence relevant, it may not be included in the investigation report. The investigator may also make suggested findings regarding the credibility of various accounts, the facts, and whether Policy AC-R1 was violated. Any suggested findings are not binding on the decision-maker. When completed, the investigator provides the investigation report to the decision-maker and the parties for review.

Phase 5: Investigation Report Review

The parties have ten (10) work days to review and respond to the investigation report. Any party responses are submitted to the decision-maker for consideration.

Phase 6: Opportunity to Ask Questions

The parties have the opportunity to submit questions for the other party, witnesses, or the investigator to the decision-maker. The decision-maker reviews the questions and those questions deemed relevant and appropriate are submitted for response. Any responses received are provided to the parties, and there is a limited opportunity for follow-up questions.

Phase 7: Written Determination

After considering the investigation report, the parties’ responses to the investigation report, and any responses to the questions, the decision-maker produces a written determination that includes findings of fact and a determination of whether Policy AC-R1 was violated. The written determination also contains recommended disciplinary sanctions if a violation is found and states whether any remedies will be provided to the complainant.

Phase 8: Appeal

If either party is not satisfied with the written determination, the party may appeal to the Superintendent or designee within five (5) work days following the written determination’s release. Appeals must be on the basis of 1) a procedural irregularity that affected the outcome of the grievance process; 2) new evidence that was not reasonably available at the time the determination regarding the existence of a policy violation was made that could affect the outcome of the grievance process; or 3) the Title IX  Coordinator, the investigator, or the decision-maker had a conflict of interest or bias that affected the outcome of the grievance process. The Superintendent or designee may 1) affirm the written determination; 2) overturn the written determination; or 3) send the report back for additional investigation. The Superintendent’s decision is final.

Phase 9: Additional Sanctioning Steps and Final Notification

In the case of a violation of Policy AC-R1, after the report is final, any additional steps necessary to implement the recommended sanction(s) are taken. Written notification of the finalized sanction(s) is provided to both parties.

The district is committed to providing a working and learning environment that is free from unlawful discrimination and harassment. The district must promptly respond to concerns and complaints of unlawful discrimination and/or harassment; take action in response when unlawful discrimination and/or harassment is discovered; impose appropriate sanctions on offenders in a case-by-case manner; and protect the privacy of all those involved in unlawful discrimination and/or harassment complaints as required by state and federal law. When appropriate, the complaint will be referred to law enforcement for investigation.

The district has adopted the following procedures to promptly and fairly address concerns and complaints about unlawful discrimination and/or harassment. Complaints may be submitted orally or in writing.

Definitions

Compliance officer’s duties

The compliance officer is responsible for conducting an investigation and coordinating all complaint procedures and processes for any alleged violation of federal or state statute or district policy prohibiting unlawful discrimination or harassment. The compliance officer’s duties include providing notice to students, parents/guardians of students, employees and the general public concerning the compliance proces; providing training for district staff regarding the prohibition of discrimination/harassment in all district programs, activities and employment practices, disseminating information concerning the forms and procedures for the filing of complaints, ensuring the prompt investigation of all complaints, coordinating hearing procedures, and identifying and addressing any patterns or systemic problems that arise during the review of complaints. The compliance officer may delegate any or all of the foregoing responsibilities as necessary and/or appropriate under the circumstances.

Complaint procedure

An aggrieved individual is encouraged to promptly report the incident as provided in district policy and this regulation. All reports received by teachers, counselors, principals or other district employees must be promptly forwarded to the compliance officer. If the compliance officer is the individual alleged to have engaged in the prohibited conduct, the complaint must be forwarded to the superintendent. The Board will then appoint another person to serve as compliance officer. 

Any aggrieved individual may file with the compliance officer a complaint charging the district, another student or any district employee with unlawful discrimination or harassment. Complaints may be made orally or in writing. Persons who wish to file a written complaint are encouraged to use the district’s complaint form.

All complaints must include a detailed description of the alleged events, the dates the alleged events occurred and names of the parties involved, including any witnesses. The complaint must be made as soon as possible after the incident.

The compliance officer must confer with the aggrieved individual and/or the alleged target of the unlawful discrimination or harassment as soon as is reasonably possible, but no later than 10 calendar days following the compliance officer’s receipt of the complaint in order to obtain a clear understanding of the basis of the complaint.

Within 10 calendar days following the initial meeting with the aggrieved individual and/or alleged target, the compliance officer must attempt to meet with the individual alleged to have engaged in the prohibited conduct and, if a student, their parents/guardians in order to obtain a response to the complaint. Such person(s) must be informed of all allegations that, in the compliance officer’s judgment, are necessary to achieve a full and accurate disclosure of material information or to otherwise resolve the complaint.

At the initial meetings, the compliance officer must explain the avenues for informal and formal action, provide a description of the complaint process, and explain that both the target and the individual alleged to have engaged in prohibited conduct have the right to exit the informal process and request a formal resolution of the matter at any time. The compliance officer must also explain that whether or not the individual files a written complaint or otherwise requests action, the district is required by law to take steps to correct the unlawful discrimination or harassment and to prevent recurring unlawful discrimination, harassment or retaliation against anyone who makes a report or participates in an investigation. The compliance officer must also explain that any request for confidentiality must be honored so long as doing so does not preclude the district from responding effectively to prohibited conduct and preventing future prohibited conduct.

Informal action

If the aggrieved individual and/or the individual alleged to have engaged in the prohibited conduct requests that the matter be resolved in an informal manner and/or the compliance officer believes that the matter is suitable to such resolution, the compliance officer may attempt to resolve the matter informally through mediation, counseling or other non-disciplinary means. If both parties feel a resolution has been achieved through the informal process, then no further compliance action must be taken. No party may be compelled to resolve a complaint of unlawful discrimination or harassment informally and either party may request an end to an informal process at any time. Informal resolution may not be used to process complaints against a district employee and may not be used between students where the underlying offense involves sexual assault or other acts of violence.

Formal action

If informal resolution is inappropriate, unavailable or unsuccessful, the compliance officer must promptly investigate the allegations to determine whether and/or to what extent, unlawful discrimination or harassment has occurred. The compliance officer may consider the following types of information in determining whether unlawful discrimination or harassment occurred:

In deciding whether conduct is a violation of law or policy, all relevant circumstances must be considered by the compliance officer, including:

The compliance officer must prepare a written report containing findings and recommendations, as appropriate, and submit the report to the superintendent within 15 calendar days following the compliance officer’s receipt of the complaint or 15 calendar days following the termination of the informal resolution process.

The compliance officer’s report must be advisory and must not bind the superintendent or the district to any particular course of action or remedial measure. Within 15 calendar days after receiving the compliance officer’s findings and recommendation, the superintendent or designee must determine any sanctions or other action deemed appropriate, including if appropriate recommendations to the Board for disciplinary or other action.

To the extent permitted by federal and state law, all parties, including the parents/guardians of all students involved, must be notified in writing of the final outcome of the investigation and all steps taken by the district within 10 calendar days following the superintendent’s and/or Board’s determination.

Hearing procedure

For allegations under Section 504 and as otherwise required by law, the aggrieved individual may request a hearing. This hearing procedure will not address guilt or innocence or disciplinary consequences, which are instead governed by the Board’s discipline policies and procedures.

The district must retain a person to serve as the impartial hearing officer, who must be knowledgeable about Section 504 and/or the ADA, if applicable. The hearing must be informal and must be recorded. Formal rules of evidence do not apply. A student is entitled to be represented by their parent or by an attorney. An employee is entitled to be represented by an attorney or other representative of their choice. The complainant may appear at the hearing and is entitled to present testimony and other evidence. A district representative is likewise entitled to present testimony and other evidence. The hearing must be closed to the public.

Within 10 calendar days after the hearing, the hearing officer must issue a written decision based upon evidence presented at the administrative hearing, including any remedial or corrective action deemed appropriate. Remedial actions include measures designed to stop the unlawful discrimination or harassment, correct its negative impact on the affected individual, ensure that the conduct does not recur, and restore lost educational opportunities.

After the hearing officer has issued the decision, the recording of the hearing, all physical and documentary evidence and all other items comprising the record of the hearing must be returned to the district.

Either party may seek review of the hearing officer’s decision in a court of competent jurisdiction, in accordance with applicable law and applicable timelines for requesting such review.

Nothing contained herein may be interpreted to confer upon any person the right to a hearing independent of a Board policy, administrative procedure, statute, rule, regulation or agreement expressly conferring such right. This process applies, unless the context otherwise requires and unless the requirements of another policy, procedure, statute, rule, regulation or agreement expressly contradicts with this process, in which event the terms of the contrary policy, procedure, law, rule, regulation or agreement will govern.

Outside agencies

In addition to, or as an alternative to, filing a complaint pursuant to this regulation, a person may file a discrimination complaint with the U.S. Department of Education, Office for Civil Rights (OCR); the Federal Office of Equal Employment Opportunity Commission (EEOC); or the Colorado Civil Rights Division (CCRD). The addresses of these agencies are listed below.

Denver Office for Civil Rights (OCR), U.S. Department of Education, 1244 Speer Blvd., Suite 310, Denver, CO 80204-3582. Telephone:  303-844-5695. Fax:  303-844-4303. TTY:  303-844-3417. Email:  OCR Denver@ed.gov

Federal Office of Equal Employment Opportunity Commission (EEOC), 303 E. 17th Avenue, Suite 410, Denver, CO 80203. Telephone:  800-669-4000. Fax:  303-866-1085. TTY:  800-669-6820. ASL Video Phone: 844-234-5122. Website: https://publicportal.eeoc.gov/portal/

Colorado Civil Rights Division (CCRD), 1560 Broadway, Suite 825, Denver, CO 80202.  Telephone:  303-894-2997 or 800-886-7675. Fax:  303-894-7830. Email:  DORA_CCRD@state.co.us (general inquiries), DORA_CCRDIntake@state.co.us(intake unit) 

1. “Compliance officer” means a district employee designated by the superintendent who is responsible for receiving complaints of alleged unlawful discrimination and harassment in accordance with this regulation. 
    
2. “Aggrieved individual” means a student, the parents or guardians of a student under the age of 18 acting on behalf of a student, an employee of the district, or member of the public who is directly affected by and/or is witness to an alleged violation of Board policies prohibiting unlawful discrimination or harassment.
3. statements by any witness to the alleged incident,
4. evidence about the relative credibility of the parties involved,
5. evidence relative to whether the individual alleged to have engaged in prohibited conduct has been found to have engaged in prohibited conduct against others,
6. evidence of the aggrieved individual and/or alleged target’s reaction or change in behavior following the alleged prohibited conduct,
7. evidence about whether the alleged target and/or aggrieved individual took action to protest the conduct,
8. evidence and witness statements or testimony presented by the parties involved,
9. other contemporaneous evidence, and/or
10. any other evidence deemed relevant by the compliance officer.
11. the degree to which the conduct affected one or more student’s education or one or more employee’s work environment,
12. the type, frequency and duration of the conduct,
13. the identity of and relationship between the individual alleged to have engaged in the prohibited conduct and the aggrieved individual and/or alleged target,
14. the number of individuals alleged to have engaged in the prohibited conduct and number of targets of the prohibited conduct,
15. the ages of the individual alleged to have engaged in the prohibited conduct and the aggrieved individual and/or alleged target,
16. the size of the school, location of the incident and context in which it occurred, and
17. other incidents at the school.